Probe of will dispute must be impartial, professional

Friday

Aug 22, 2014 at 2:00 AM

We applaud the decision made by the Portsmouth Police Commission and the City Council to move forward immediately with a single investigation into allegations that police Sgt. Aaron Goodwin exerted undue influence over 93-year-old Geraldine Webber when she changed her will in 2012 to leave him the bulk of her $2.7 million estate.

We applaud the decision made by the Portsmouth Police Commission and the City Council to move forward immediately with a single investigation into allegations that police Sgt. Aaron Goodwin exerted undue influence over 93-year-old Geraldine Webber when she changed her will in 2012 to leave him the bulk of her $2.7 million estate.

This joint effort will keep the focus on the facts of the case rather than on a distracting dispute over which body is empowered to conduct an investigation under the city charter.

The Police Commission had initially voted on July 28 to delay an investigation until after the Webber will dispute was resolved in probate court or through a mediated settlement. On Aug. 13, however, commissioners voted unanimously not to accept the settlement offer, and on Aug. 18, notified the City Council of its intention to form "an independent investigatory 'entity' that will be comprised of a minimum of three members" with expertise in law, police policy, community leadership and a reputation for honesty and fairness.

The City Council voiced support for this entity and City Manager John Bohenko indicated an ability to pay for a professional investigation if the council instructs him to do so.

We agree entirely with City Councilor Chris Dwyer, who said it is essential that the investigatory body hire a professional firm to conduct the probe to make sure that all the right questions are answered by the right people.

The credibility of this inquiry will depend entirely on the integrity and professionalism of the members of the investigatory entity and the thoroughness of the report produced by the firm it hires to conduct the probe.

As reported in today's paper, when a video surfaced showing alleged police brutality by Seabrook police officers, the town committed to openness and transparency and hired Municipal Resources Inc. to conduct the investigation. Seabrook Town Manager William Manzi said MRI charged around $7,500 and completed its work in about 45 days. Because MRI was working under the police chief's authority, its investigators had the authority to compel testimony from witnesses and to prosecute anyone giving false testimony. At the end of the investigation, Seabrook fired two officers and disciplined two others. Most importantly, by immediately investigating the brutality and making the results of the investigation fully transparent, much was done to restore public confidence in the police department.

While forming an independent entity to oversee the investigation will cause a short delay in getting started, we support this measure because it keeps the Police Commission at arm's length. Any direct involvement in the investigation by the Police Commission would be a conflict of interest because it oversees the police department and because the department is a major beneficiary of both Webber's original 2009 will and the settlement agreement, and it is financially damaged by the 2012 will now in dispute.

The commission needs to appoint members to the investigatory panel who are above reproach, ideally from outside of Portsmouth, and then step away.

We don't think the commission or the police department are appropriate bodies to receive public input on this matter. Public input should be given to the independent investigatory entity once it is established.

City officials were slow to acknowledge the seriousness of the allegations against Sgt. Goodwin, but they now appear to have their eyes wide open and are ready to follow the facts where they lead. In the end, learning the whole truth and then taking appropriate measures in response to that truth will begin to restore the public trust now so badly shaken.

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